RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03057

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, be corrected to reflect award of the 
Bronze Star Medal with Valor (BSM w/V).

________________________________________________________________

APPLICANT CONTENDS THAT:

His records should reflect the BSMw/V device that he was 
previously awarded.

1.  In December 1965, he was a member of the USAF Combat Control 
Team (CCT) attached to the 1st Air Cavalry in Vietnam (VN) 
working on a Tactical Air Control Party (TACP).  He and a 
captain in his unit accompanied the 1st of the 8th Cavalry on a 
search and destroy mission just 7 clicks out of Bong Son Special 
Forces Camp.  Three days into the operation while preparing to 
return to base camp, a short round from an artillery unit near 
the Bong Son Special Forces Camp, landed about 15 feet to his 
right.  As a result, the cavalry’s entire artillery fire support 
team was lost and he sustained multiple missile wounds 
throughout his body.  

2.  Following transport to a field hospital, a short stay at Qui 
Non, VN and a few weeks at Clark Air Base (AB), Philippines,  he 
arrived at Brooke Army Medical Center in San Antonio, Texas in 
January 1966.  He spent a year and a half there recovering from 
his wounds.

3.  Early in 1967, while awaiting medical board action, he was 
evaluated and approved to receive the Bronze Star.  He has the 
paperwork in his records.  In June 1967 he was retired from the 
Air Force with no mention of the award.  There was no 
information on whether the award was approved or denied.  He 
feels that either the paperwork was never submitted or it was 
submitted and slipped through the cracks and failed to reach him 
before he retired.  

4.  He has a signed letter from his former commander, dated 
17 February 1967, stating he was eligible for award of the BSM 
and approval was recommended.  He has excerpts from a book 
titled, CCT the Eye of the Storm, detailing some of the actions 
undertaken by himself and others from his unit.  

The applicant's complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served from 29 January 1960 to 6 June 1967.  He was permanently 
retired from active duty for physical disability with an 
honorable characterization of service and was credited with 
7 years, 4 months and 8 days of active duty service of which, 
5 months and 1 day were credited as Foreign and/or Sea Service.  

The Bronze Star Medal is awarded to a person in any branch of 
the military service who, while serving in any capacity with the 
Armed Forces of the United States after 6 December 1941, shall 
have distinguished himself by heroic or meritorious achievement 
or service, not involving participation in aerial flight, in 
connection with military operations against an armed enemy.  The 
award recognizes acts of heroism performed in ground combat if 
they are of lesser degree than that required for the Silver 
Star. It also recognizes single acts of merit and meritorious 
service if the achievement or service is of a lesser degree than 
that deemed worthy of the Legion of Merit; but such service must 
have been accomplished  with distinction.

________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSID recommends denial.  DPSID states after a thorough 
review of the applicant's official military personnel record 
they were unable to locate a special order awarding the Bronze 
Star Medal.  They located a memorandum dated 17 February 1967, 
signed by the commander of Headquarters 516th Troop Carrier 
Squadron, Dyess Air Force Base, TX, stating the applicant was 
eligible for the Bronze Star Medal, and recommended approval as 
well as an AF Form 642, Recommendation for Decoration, dated 27 
February 1967.  However, there was no additional documentation 
to verify the applicant was approved for the award of the Bronze 
Star Medal.

Retroactive recommendations for awards for retirees and veterans 
beyond the 2-year time limitation must be submitted in 
accordance with Title 10, Section 1130, United States Code.  The 
National Defense Authorization Act of FY96 passed Title 10, 
Section 1130, United States Code. The Law allows for the 
submission of award recommendations (and the upgrading of 
previously approved awards) without regard to any previously 
imposed time constraints for submission if referred by a Member 
of Congress.  Under the provisions of this law requests must be 
referred to the Secretary of the Air Force by a Member of 
Congress through the Secretary of the Air Force Liaison office 
(SAF/LL). Additionally, the burden and costs for researching and 
assembling documentation to support award recommendations rest 
with the requester.  Once received, a determination will be made 
as to the merit of approving the award or decoration or any 
other determination necessary to comply with the provisions of 
the statute.

Based on their review of the applicant's official military 
personnel record, they were able to determine that the below Air 
Force Medals and/or Ribbons should have been awarded during the 
applicant's service from 29 January 1960 to 6 June 1967 and were 
not reflected in his records.  Upon final Board decision, 
administrative correction of the applicant's official military 
personnel record will be completed by AFPC/DPSOY:

	a.  Air Force Outstanding Unit Award with V and one Bronze Oak 
Leaf Cluster(AFOUA w/V & IBOLC)

	b.  Good Conduct Medal (GCM)

	c.  National Defense Service Medal (NDSM)

	d.  Air Force Longevity Service Award

	e.  Vietnam Campaign Medal (VCM)

	f.  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P)

The complete DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 11 October 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D).  To date, a response has not been received.  

________________________________________________________________

THE BOARD CONCLUDES THAT:

1. The applicant has exhausted all remedies provided by existing 
law or regulations.  We note the OPR advisory comments 
concerning the requirements of Title 10, United States Code, 
Section 1130 (10 U.S.C. § 1130), enacted as part of the Fiscal 
Year 1996 National Defense Authorization Act.  However, we do 
not agree that such avenues must be first exhausted prior to 
seeking relief under the provisions of 10 U.S.C. § 1552.  The 
relief offered under 10 U.S.C. § 1130 is a statutory remedy, not 
administrative relief.  Therefore, principles of administrative 
law requiring exhaustion of administrative remedies are 
inapplicable here.  Moreover, as previously noted by this Board 
in decisions concerning this issue, 10 U.S.C. § 1130 clearly 
states that, “Upon request of a member of Congress…the Secretary 
shall make a determination as to the merits of approving the 
award…” – however, it does not require that an applicant must do 
so prior to submitting a request under the provisions of 10 
U.S.C. § 1552.  Finally, we find the OPR's interpretation of 10 
U.S.C. § 1130 contradicts the very intent of Congress in 
establishing service correction boards 65 years ago, i.e., to 
remove their required involvement and avoid the continued use of 
private relief bills, in order to affect such corrections to 
military records.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.

3.	Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice.  After a 
thorough review of the evidence of record and the applicant’s 
complete submission, we are persuaded that relief is warranted.  
In this respect, we note the applicant has provided 
documentation substantiating that while a patient at Brooke 
General Hospital, at Ft. Sam Houston, Texas, he was recommended 
for award of the BSM for actions while a Combat Control Team 
(CCT) member of the Tactical Air Control Party (TACP) in support 
of the 1st Calvary Division in Vietnam in December 1965 and that 
his wing commander recommended approval of the recommendation.  
We also note the evidence indicates the applicant was critically 
wounded on the close-out date of the BSM, i.e., 
19 December 1965, as a direct result of enemy action and spent 
the next year and a half recovering from his wounds, until his 
permanent disability retirement at Brooke General Hospital.  We 
also recognize the recommendation was submitted approximately 
three months prior to his disability retirement.  In view of 
this and noting the applicant’s actions during the period under 
review, we find substantial evidence supports the decoration 
recommendation was approved but was never recorded on his DD 
Form 214 due to loss or inadvertence.  We find this further 
evidenced by the fact the OPR was able to confirm that six other 
awards/medal to which the applicant was entitled, were also 
omitted from his DD Form 214.  Although the BSM recommendation, 
which was submitted by the Air Force Liaison Officer and 
Commander at Brooke General Hospital, was based on meritorious 
service covering a period of just over 90 days, in view of the 
applicant’s combat service during this period, as evidenced by 
his entitlement to the AFOUA w/V & 1 OLC and the RVNGC w/palm, 
we find that had the BSM recommendation been submitted by his 
commander in RVN, it would have been submitted based on heroism. 
Therefore, we recommend his DD Form 214 be amended to add the 
BSM, with V device.  

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that Item 
24, Decorations, Medals, Badges, Commendations, Citations, and 
Campaign Ribbons Awarded or Authorized, of the DD Form 214, 
Certificate of Discharge or Release From Active Duty, issued in 
conjunction with his 6 June 1967 retirement, be amended to 
include the Bronze Star Medal with Valor.  

________________________________________________________________

The following members of the Board considered this application 
in Executive Session on 21 March 2013, under the provisions of 
AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-03057 was considered:

    Exhibit A.  DD Form 149, dated 9 July 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 24 December 2012.
    Exhibit D.  Letter, SAF/MRBR, dated 11 October 2012.




								
								Panel Chair